'We're not gonna let this die': Mother of alleged rape victim rages as convicted sex offender is released on legal loophole

A convicted sex offender was freed from a Utah state hospital on Thursday, after a judge ruled that the man is too incompetent to stand trial, but not a danger to himself or society.

Prosecutors wanted Lonnie Hyrum Johnson to stay at the Utah State Hospital for continued treatment so he could eventually face 21 counts against him of rape, sodomy and aggravated sexual assault of a child. But they did not object to the judge's ruling.

4th District Judge James R. Taylor said: 'The constitution prohibits me from holding someone who has not been convicted and who cannot participate in their own defence.'

Johnson was eligible to be freed as early as Thursday afternoon -- privacy laws prevent hospital officials from commenting more specifically.

Freed: Registered sex offender Lonnie Hyrum Johnson was released from a state hospital, despite 21 pending charges of rape, sodomy and sexual assault of kids

The case against Johnson is not dismissed, and the judge ordered that he meet with new psychiatric evaluators in October. A hearing on those findings is set for Nov. 17.

Deputy Utah County District Attorney Craig Johnson, who is not related to the accused, said: 'We're encouraged that Judge Taylor allowed us to have a review in six months. We'll come back in the fall and see how he's doing and hopefully get this case back on track.'

Lonnie Johnson's family, which packed the front row of the Provo courtroom on Thursday, has said he is innocent of the charges.

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Christy Danner, the mother of one of the two victims, said: 'We're not happy, but we've just begun to fight. We're not gonna let this die.

Johnson's family was all smiles and applauded the news of his release

'We're not gonna lay down. And we're not gonna go away, as much as him and his family would like that to happen. The truth will come out,' said Danner.

Craig Johnson has spoken out about the need to change Utah's civil commitment laws.

Johnson has a cognitive disorder, prosecutors said. The 21 charges filed in 2007 allege that Johnson had inappropriate contact with his stepdaughter and her cousin over five years, beginning in 2001. Both alleged victims are now adults.

Taylor deemed Johnson incompetent for trial in 2008. Under Utah law, a defendant fits that condition if he suffers from mental illness, cannot understand the charges against him or is unable to participate in his own defence.

For a civil commitment, a doctor must find that a person's mental illness makes him a danger to himself or others.

The court ordered doctors to attempt to restore Johnson's competency, but about a month ago they said they had seen no improvement despite 2 1/2 years of treatment.

Taylor then said he believed it was unlikely Johnson would ever be able to stand trial. A civil commitment petition, which would have kept Johnson hospitalized, was also denied last week after three psychiatric evaluators said they did not believe he presented a danger to himself or the community.

That judge said he didn't believe state civil commitment laws were broad enough to allow him to consider Johnson's pending criminal case and that the circumstances of a 2006 rape conviction out of Washington state were not substantive enough to outweigh the opinions of medical experts.

Outraged: Utah Governor Gary Herbert wrote, 'That is not justice ... It's outrageous for both the victims and the accused that Mr Johnson won't get his day in court'

Johnson pleaded guilty in 2006 to the rape of a teenage girl in Washington state and was sent to prison but served less than a year before being released. He is now required to register as a sex offender.

Defence attorney Tom Means said he agrees with doctors who determined Johnson was incompetent. Means described his client as 'bewildered' by court proceedings and unable to participate in his own defence. Means agreed with the judge's decision to reevaluate Johnson in six months.

Means Said: 'I think he's done exactly the right thing.'

Johnson's sister, Cindy Lorenz, denies the allegations against her
brother and said they stem from a bitter divorce battle between Johnson
and his wife.

In an email to The Associated Press, Lorenz also
said she believes her brother's civil and medical privacy rights had
been violated. Lorenz also provided the AP with a copy of a letter sent
to the Utah governor's office in which she asks for a meeting to show
Gov. Gary Herbert proof that her brother has been wrongfully accused.

Lorenz
wrote: 'This is scary and, yes, with what is going on, the manipulation
of the justice system, this could happen to you, or somebody you care
about, before you realize how horrible it is.'

In an email to the AP, Herbert spokeswoman Ally Isom said that for now the governor believes the court was the appropriate setting for addressing the issue.

In a statement, Herbert expressed outrage: 'I am outraged that a convicted child sex offender, currently facing another round of accusations, could be released without being tried for current charges.

'That is not justice ... It's outrageous for both the victims and the accused that Mr. Johnson won't get his day in court,' the governor wrote.